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In any and all claims against the District or any of its agents or <br /> ~mployees, by any employee of ~he APPLICANT, LICENSED UTILITY CONTRACTOR, <br /> ANY SUB-CONTRACTOR (S) thereof, anyone directly or indirectly employed <br /> by any of them, or anyone for whose acts uny of them may be liable, the <br /> indemnification obligation sball not be limited in any way by any <br /> limitation on the amount or type of damage, compensation or benefits <br /> payable by or for the APPLICANT, LICENSED UTILITY CONTRACTOR, ANY SUB- <br /> CONTRACTOR (S) thereof, under Workman's Compensation Acts, Disability <br /> Benefit Acts or other employee benefits acts. <br /> <br /> Without limiting the foregoing~ all of the provisions of Paragraph.II <br /> shall apply without limitation to any claim or action in the nature of <br /> trespass, inverse condemnation, nuisance or similar clai~ or action for <br /> damage to real and/or personal property. <br /> <br /> 12. The APPLICANT agrees to begin construction of the herein described <br /> water main (s) within a period of months und to complet~ construction, <br /> ready for District acceptance, within months following Commissioners <br /> approval of this contract. If the construction of the water main (s) <br /> does not adhere to the above time schedule, then the District may, upon <br /> a 30 day written notice, terminate the following Paragraphs of this <br /> contract: 1,2,3,6,7,8, und 9. The remaining provisions of this contract <br /> shall rems/n in full force and effect. <br /> <br /> Upon termination of this contract under the provisions of this Paragraph, <br /> the APPLICANT agrees to the following: <br /> <br /> 1. The ownership rights of any and all water pipe and related accessories <br /> installed under this contract will automatically be trunsferred to the <br /> District free and clear of all liens and claims. <br /> <br /> 2. All easements und/or rights-of-way directly related to this contract <br /> will be transferred to the District in a form satisfactory to the <br /> District within thirty (30) days after termination of this contract <br /> under the provisions of this Paragraph. <br /> <br />13. The APPLICANT agrees to pay to the amount of $40.00 per Lot for the cost <br /> of the water meter. The fee is to be paid prior to the installation of <br /> any water services by the Contractor. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have caused this instrument to be <br /> executed, the day and year first above written. <br /> <br /> ATTEST: <br /> <br /> BY: <br /> WITNESS APPLICANT <br /> <br />ATTEST: WATER & SEWER DISTRICT OF CABARRUS COUntY <br /> <br /> BY: ' <br /> CLERK CHAIRMAN OF BOARD <br /> <br />APPROVED AS TO FOPS4: <br /> <br />BY: <br /> ATTORNEY <br /> <br /> <br />